Increasingly, we find that lawyers are specializing in a particular area of the law. A client may have one attorney to handle their estate planning, another for a municipal court matter, and even a third for a divorce. Two areas of the law that frequently overlap are immigration and family law.
If you have an immigration matter and a family law matter it is important to ensure that your attorneys speak with each other. Nita Kundanmal regularly collaborates with family law attorneys all over the United States to assist her clients obtain successful outcomes.
If you are in the middle of a family law, divorce, or custody case and are concerned about how that may impact on your immigration status contact the Law Office of Nita Kundanmal for a consultation.
If you are a family law or divorce lawyer there are a few things you need to consider for your client. For an immigrant, the court system in his/her home country may be very different from the system here in the USA. In many countries, there is local corruption with the courts, or your client may simply be afraid that she is going to be arrested if she shows up for a hearing. Working closely with an immigration lawyer can provide you with guidance on how to address these challenges with your client.
There are other points to consider:
- If English is your client’s second language, do you need an interpreter for both verbal and written communications?
- Is there a pending immigration case and how does the family law case potentially impact it?
- Is your client here on a temporary visa and how may this impact custody/parenting time issues?
- Is there domestic violence present in this matter and does your client need to seek an order of protection? How might this impact on your client’s immigration status, or the status of the other party?
- How can your client’s sworn statements in the family law case impact on the immigration case?
Unfortunately, many divorce or custody matters are initiated prior to considering these questions. If you have a client with a family law matter, reach out to an experienced immigration lawyer to discuss the potential overlap between the family law case and any pending or contemplated immigration matters. The experienced attorneys at the Law Office of Nita Kundanmal are available for consultations.
One unique issue arises when a person is here on a Dependent Visa. For example, Spouse A is here on an H-1B Visa for work and can bring over his dependents. They will each receive Dependent Visas. If there is a divorce, Spouse B may lose her legal right to remain in the US. If there are children, this could make the case complex or even be used strategically by Spouse A in a custody dispute. It is critical that your client consult with an immigration attorney before filing for divorce to determine if there is an independent visa option available for her.
Immigration Lawyers also need to understand that there are family law issues that may simply need to take precedence over the immigration status of a client. For example, if there is an act of domestic violence the victim can and should seek the protection of the courts. There may be criminal charges and if the perpetrator of domestic violence is arrested that may happen well before the immigration lawyer can intervene. It is critical that the immigration lawyer gets involved at this stage to counsel the client and work closely with the family lawyer to plan the best outcome.
The immigration court system is different than the family law system and family lawyers may need to be educated. It is important to assist the family law attorneys in understanding how the United States Citizenship and Immigration Services (“USCIS”), Immigration and Customs Enforcement (“ICE”), and Customs and Border Protection (“CBP”), and the Immigration Courts are connected and their distinct roles. It is also key to making it clear that while a custody or divorce case may move forward within a year, an immigration case may be pending for many years. More recently, detained immigration proceedings have been moving faster than divorce matters, creating a risk that your client could be ordered removed before the divorce case is finalized. Alternatively, a visa may need to be renewed regularly, and this may impact where the adults and children are going to reside.
Family law cases tend to be fast-paced and fact-sensitive. It is possible that by the time the immigration lawyer is consulted that affidavits have been filed. It is important to ensure that anything filed in the family court is factually consistent with anything filed with USCIS or the immigration courts. If you are a litigant with a family law case and an immigration case, it is essential that you have your attorneys speak with each other.
Nita Kundanmal and her team navigate the complexities of U.S. immigration law with personalized strategies and care. We are a team of immigrants-turned-advocates, and we work tirelessly to turn your legal challenges into opportunities for growth. Contact the office today for a consultation with an experienced immigration lawyer.